2. The costs of lawsuit shall be borne by the Plaintiff.

A. On March 23, 2016, the Plaintiff was admitted to a military prison under suspicion of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to imprisonment on May 12, 2016 with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Jeonju District Court’s Gunsan Branch, and was reinstated in the same prison on October 13, 2016.

B. On November 14, 2016, the Defendant issued a disciplinary measure of 21 days of penalty (hereinafter “instant disposition”) following the disciplinary resolution of the Military Correctional Institution Discipline Committee, pursuant to Article 107 subparag. 1 and 5 of the Enforcement Decree of the Act on the Execution and Treatment of Prisoners and Article 215 subparag. 1 of the Enforcement Rule of the same Act, on the ground that “the Plaintiff made verbal abuse around November 19, 2016, and reported thereafter false facts.”

C. On December 8, 2016, the Plaintiff was transferred to a Sejong Prison, and is currently being admitted to a Sejong Prison.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 1 through 8 (including virtual number), the purport of the whole pleadings

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

(a) Where the effective period is specified in an administrative disposition, if the validity or execution of the disposition is not suspended, the effect of such administrative disposition is invalidated upon the expiration of the above period, and there is no legal interest to seek the cancellation of such disposition, unless there are special circumstances to deem that any legal interest is infringed upon by the remaining shape of the disposition after the expiration of such period.

(See Supreme Court en banc Decision 94Nu14148 delivered on October 17, 1995). B.

Examining the instant case in light of the aforementioned legal principles, the Plaintiff was admitted to a military prison on March 23, 2016, and was executed for 21 days from November 14, 2016 upon the instant disposition, and the fact that the Plaintiff was transferred to a military prison on December 8, 2016 is as seen earlier.

C. According to the above facts, the instant disposition became void upon the lapse of the period, and further, the instant disposition became void.